LAW OF UKRAINE

of June 1, 2000 No. 1770-III

About radio-frequency resource of Ukraine

This Law establishes the legal basis of use of radio-frequency resource of Ukraine, determines powers of the state under the terms of use of radio-frequency resource of Ukraine, the right, obligation and responsibility of the public authorities exercising control and regulation in this sphere and physical persons and legal entities which use and/or intend to use radio-frequency resource of Ukraine.

Section I General provisions

Article 1. Terms and their determination

In this Law the stated below terms are used in the following value:

selection of radio frequencies - provision by the corresponding entry in the Plan of use of radio-frequency resource of Ukraine of the right to use certain bands of radio frequencies for application in Ukraine of the radio technologies determined by this Plan;

the radiating circuit - the technical device which is used for production, scientific, medical, household requirements, except for requirements of radio communication, radiating electromagnetic energy in surrounding space and not being radio-electronic means;

the conclusion on electromagnetic compatibility (further - the conclusion) - the technical conclusion about possibility of application of specific radio-electronic means in certain conditions;

the permission to operate of radio-electronic means or the radiating circuit (further - the permission to operate) the document certifying the right of the owner of specific radio-electronic means or the radiating circuit to its operation during certain term in certain conditions;

electromagnetic compatibility - capability of radio-electronic means and radiating circuits to function at the same time with the caused quality in actual practice of operation taking into account influence of inadvertent radio interferences and not to create inadmissible radio interferences to other radio-electronic means;

conversion of radio-frequency resource of Ukraine - accomplishment of package of measures which provides change of radio services and/or radio technologies or category of users of radio-frequency resource of Ukraine for further use of certain band or bands of radio frequencies;

use of radio-frequency resource - the activities connected using the radio-electronic means and/or radiating circuits radiating electromagnetic energy in surrounding space within radio-frequency resource;

the user of radio-frequency resource - legal entity or physical person which activities are directly connected with use of radio-frequency resource according to the legislation;

the license to use radio-frequency resource of Ukraine - the document certifying the right of the subject of managing to use of radio-frequency resource of Ukraine during certain term in specific regions and within certain bands, nominals of radio frequencies with accomplishment of licensed conditions;

the international identifier of the final equipment (further - the identifier) - unique code sequence (combination) of digits or digits and letters which is appropriated by the vendor of the equipment of each unit of the final equipment used in telecommunication network;

The national table of distribution of bands of radio frequencies of Ukraine - the regulatory legal act which regulates distribution of bands of radio frequencies to radio services in Ukraine and distribution to bands special and public;

The plan of use of radio-frequency resource of Ukraine - the regulatory legal act which determines the directions of use of radio-frequency resource of Ukraine for this time and for perspective with determination of specific bands, nominals of radio frequencies and radio technologies permitted in Ukraine and terms of application of the operating and perspective radio technologies;

assignment of bands, nominals of radio frequencies - registration of the permission to operate of radio-electronic means and radiating circuits in the register of assignments of bands, nominals of radio frequencies with determination of band, nominal of radio frequencies, parameters of radiation and service conditions of specific radio-electronic means;

radio interferences - the electromagnetic radiation of any origin interfering acceptance of radio signals;

radio communication - telecommunication performed with use of radio waves;

radio-electronic means - the technical tool intended for transfer and/or acceptance of radio signals by radio services;

radio-electronic means of special assignment - the radio-electronic means intended for implementation of activities of special users according to their functional obligations;

radio services - the services of transfer and/or acceptance of radio waves determined by Radio regulations of the International Telecommunication Union certain radio-electronic means of users of radio-frequency resource;

radio technology - set of methods of forming, transfer, acceptance (processing) of the radio signals constituting single engineering procedure of transfer and acceptance of radio signals and which application provides use of radio-frequency resource;

radio frequency - electromagnetic wave in space without artificial guide of the circle with certain nominal of frequency within radio-frequency range;

radio-frequency monitoring - collection, processing, preserving and data analysis about parameters of radiation of the radio-electronic means and radiating circuits operating in the corresponding bands of radio frequencies;

radio-frequency resource - the part of radio-frequency range suitable for transfer and/or acceptance of electromagnetic energy radio-electronic means and which is possible for using in the territory of Ukraine and beyond its limits according to the laws of Ukraine and international law, and also on the frequency and orbital line items selected for Ukraine;

the radio-frequency range - continuous interval of radio frequencies, is not higher than 3 TGts;

distribution of bands of radio frequencies - regulation the corresponding entry in the National table of distribution of bands of radio frequencies of Ukraine of use of the certain set band of radio frequencies by one or several radio services;

the register of the radio-electronic means and radiating circuits prohibited to application and import to the territory of Ukraine, - the summary list prohibited to application and import to the territory of Ukraine, and also that which need special procedure for registration, types of radio-electronic means and radiating circuits;

band of radio frequencies - the part of radio-frequency range determined by specific interval of radio frequencies.

The term "technical requirements" is used in the value given in the Law of Ukraine "About telecommunications".

Article 2. Law purpose

The purpose of this Law is creation of the legal basis for effective and rational use of radio-frequency resource of Ukraine for ensuring economic, social, information and cultural development, state security, defense capability, accomplishment of the international obligations.

Article 3. Legislation on radio-frequency resource of Ukraine

The legislation on radio-frequency resource of Ukraine consists of this Law and other regulatory legal acts governing the relations in this sphere.

Article 4. Law coverage

Operation of this Law extends to the relations between public authorities of Ukraine, physical persons and legal entities on distribution, selection of bands of radio frequencies, assignment of radio frequencies to radio-electronic means, use of radio-frequency resource of Ukraine, ensuring conversion of radio-frequency resource of Ukraine, electromagnetic compatibility.

Section II Users of radio-frequency resource of Ukraine

Article 5. Categories of users of radio-frequency resource of Ukraine

1. Users of radio-frequency resource of Ukraine depending on the directions of its use share on special and general.

2. In special users of radio-frequency resource of Ukraine divisions and the organizations of the Ministry of Defence of Ukraine, the Security Service of Ukraine, Service of foreign intelligence of Ukraine, Bureau of economic safety of Ukraine, Public service of special communication and information protection of Ukraine, the Ministry of Internal Affairs of Ukraine, Management of the state protection, the central executive bodies providing forming belong and realize state policy in the field of civil protection, the central executive bodies providing realization of state policy in spheres of fire and technogenic safety, protection of frontier, accomplishment of criminal penalties if their activities are connected with use of radio-electronic means only for accomplishment of functional obligations and on condition of their financing only at the expense of the Government budget of Ukraine, National police, National anti-corruption bureau of Ukraine, the State bureau of investigations, and also the central executive bodies, providing forming also realize state policy in the field of transport, regarding application of radio-electronic means of the joint civil and military system of air traffic management of Ukraine and ensuring flights and regarding application of radio-electronic means by the Public special service of transport of system of the emergency medical care.

3. The users who are not entered to the list determined by part two of this Article treat general users of radio-frequency resource of Ukraine.

4. General users of radio-frequency resource of Ukraine are divided into the following groups:

1) the subjects of managing using radio-frequency resource of Ukraine for rendering telecommunication services, except for distribution of teleradio programs;

2) the subjects of managing performing distribution of teleradio programs using own or leased radio-electronic means;

3) technological users and radio fans - the legal or physical persons using radio-frequency resource of Ukraine without rendering telecommunication services.

Article 6. Rights and obligations of users of radio-frequency resource of Ukraine

1. Users of radio-frequency resource of Ukraine have the right on:

1) use of radio-frequency resource of Ukraine according to this Law and other regulatory legal acts;

2) appeal according to the procedure, established by the legislation, decisions and actions of the National commission performing state regulation in the field of communication and informatization of the General Staff of the Armed Forces of Ukraine and the Ukrainian state center of radio frequencies (further - UDTsR);

3) indemnification from wrongful acts or failure to act of the National commission performing state regulation in the field of communication and informatization, the General Staff of the Armed Forces of Ukraine, the National commission performing state regulation in the field of communication and informatization and UDTsR;

4) other rights, stipulated by the legislation Ukraine.

2. Users of radio-frequency resource of Ukraine shall:

1) to respect the rules and rules of use of radio-frequency resource of Ukraine;

2) to comply with the conditions determined in licenses to use by radio-frequency resource of Ukraine and in permissions to operate;

To report 3) to the National commission performing state regulation in the field of communication and informatization or to the General Staff of the Armed Forces of Ukraine for general and special users respectively about the termination of use of radio-frequency resource of Ukraine;

To provide 4) polnomochenny the national commission performing state regulation in the field of communication and informatization, to officials or representatives or the General Staff of the Armed Forces of Ukraine for general and special users respectively information on tactical technical characteristics, application, placement of radio-electronic means and radiating circuits and also to show according to their requirement the corresponding licenses, permissions, certificates, certificates and other documents relating to questions of use of radio-frequency resource of Ukraine;

5) to make the payments and charges provided by the law and also in the established National commission performing state regulation in the field of communication and informatization procedure payment for radio-frequency monitoring in bands of radio frequencies public.

3. Special users shall use radio-frequency resource of Ukraine only for accomplishment of functional obligations without right to use it for implementation of business activity and/or transfer to use to other persons.

Article 7. Responsibility of users of radio-frequency resource of Ukraine

1. For untimely entering into the budget of the collection amount ought to payment for use of radio-frequency resource of Ukraine the penalty fee according to the legislation is charged.

2. Payment of penalty fee does not exempt the user of radio-frequency resource of Ukraine from obligation to enter collection for all band (bands) of radio frequencies provided to it.

3. In case of identification of violation of conditions of ensuring electromagnetic compatibility of the appropriate radio-electronic means because of the user of radio-frequency resource of Ukraine who applies these radio-electronic means all expenses on elimination of the current situation are assigned to this user.

Section III Public administration by radio-frequency resource of Ukraine

Article 8. Principles of management of radio-frequency resource of Ukraine

The basic principles of management of radio-frequency resource of Ukraine are:

1) determination of radio-frequency resource, necessary and sufficient for needs of Ukraine, its registration and international protection;

2) ensuring the maximum and effective use of radio-frequency resource of Ukraine;

3) providing and protection of interests, the rights and freedoms of citizens in the course of use of radio-frequency resource of Ukraine;

4) providing and protection of interests of the state;

5) accurate differentiation of radio-frequency resource of Ukraine for needs of special and general users.

Article 9. State bodies in the field of use of radio-frequency resource of Ukraine

Public administration in the field of use of radio-frequency resource of Ukraine is exercised:

1) Cabinet of Ministers of Ukraine;

2) the central executive bodies providing forming and realizing state policy in spheres of communication, telecommunications, uses of radio-frequency resource of Ukraine (further - TsOVS).

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